Supreme Court of India
Raja @ Ayyappan v. State of Tamil Nadu
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that since the trial of the o ther two accused persons was separate, their confession statements (Ex.P-26 and P-27) are not admissible in evidence and the same cannot be taken as evidence against the appellant.
Judgment, page 18
From the headnote
Terrorist and Disruptive Activities (Prevention) Act , 1987 – s.15 – Conviction of appellant on the basis of confe ssion – Plea of appellant that the alleged confession was not recorded in a free atmosphere and prescribed procedure under the Act and rules wer e not followed while recording confession and, theref ore, the confession was not admissible in evidence as it was no t voluntary – Held: In the instant case, confession was recorde d by the Superintendent of Police (PW-28) – In the evidence of PW-28, there was nothing to show that the appellant-accused was warned as required u/s.15 of
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Where later benches applied it
Of those, 1 referred to
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